Howard Coker | November 21, 2025 | Personal Injury
In the world of personal injury law, “liability” carries significant weight. It determines who must pay for someone’s injuries, how damages are distributed, and whether a victim can recover compensation at all. Yet, despite its importance, liability is often misunderstood by people who have never been through the legal process.
A proper understanding of liability will help you determine what steps are needed to hold the right parties accountable. Keep reading to learn more.
Understanding Liability in Personal Injury Law
In simple terms, liability means legal responsibility. If a person or company is liable for an accident, they are responsible for the resulting injuries and financial losses. In personal injury law, liability usually stems from negligence. This refers to someone failing to act with reasonable care and caution.
For example:
- A driver who texts behind the wheel may be liable for a crash.
- A property owner who ignores a dangerous spill may be liable for a slip and fall.
- A business that fails to maintain safe premises may be liable for injuries on its property.
Florida law requires victims to prove that another party’s negligence directly caused their injuries. This is the foundation of liability.
How Liability Is Established
In most Florida injury cases, the injured party must show four key elements:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached that duty.
- The breach caused the accident.
- The victim suffered losses.
Once these elements are established, liability often becomes clear.
Can More Than One Party Share Liability?
Many accidents involve multiple at-fault parties. Florida law allows liability to be divided among the responsible parties.
Here are some examples:
- In a multi-car collision, several drivers may have contributed to the crash.
- In a premises liability case, both a property owner and a third-party contractor may be partially at fault.
- In a defective product case, manufacturers, distributors, and retailers may share responsibility.
Shared liability is common in Florida because few accidents occur for a single reason. When more than one party contributes to an accident, each party may bear a percentage of fault.
Can I Recover Compensation if I Am Partly Liable?
Under Florida’s modified comparative negligence system, you can recover compensation as long as you were not more than 51% responsible for an accident. However, your compensation will be reduced by your share of fault.
For example:
- If you are found 20% responsible for a crash, your damages will be reduced by 20%.
- If you are found 51% or more responsible, you cannot recover any compensation.
This system prevents defendants from escaping accountability simply because the victim made a mistake. At the same time, it protects defendants from paying for damages they did not fully cause. Due to this rule, insurance companies often attempt to shift blame onto injured victims to reduce their payouts.
This is why having a skilled attorney on your side is important. You need an attorney who understands liability and how to counter blame-shifting tactics from insurers.
How a Florida Personal Injury Lawyer Can Prove Liability
In many cases, proving liability is the most challenging aspect of a personal injury claim. Insurance companies will often deny responsibility, dispute evidence, or blame the victim. A lawyer’s job is to cut through these tactics and build a clear, compelling case.
An attorney can assist by:
- Determining who was responsible: Your lawyer will identify the person, business, or entity that caused the accident.
- Finding out how they failed in their duty: Your attorney will show how the at-fault party acted carelessly or failed to act when they should have.
- Collecting evidence that proves fault: This includes anything that links the other party’s actions directly to your injuries, such as photos, records, or footage.
- Using expert insight to strengthen your claim: Experts can help explain what caused the accident and who should be held accountable.
- Disputing efforts to blame you: Insurance companies often try to shift the blame. Your lawyer will work to keep the focus on the true cause of the accident.
- Building a case that clearly shows liability: Whether in negotiations or in court, your attorney can present a strong, fact-based case that leaves little doubt about who’s at fault.
With an experienced attorney on your side, the question of liability becomes much easier to navigate.
Contact Coker Law Personal Injury Lawyers Today for a Free Consultation With a Jacksonville Personal Injury Lawyer
If you were injured in an accident in Florida, liability will play a critical role in your case. Whether your case involves a negligent driver, a careless property owner, or multiple responsible parties, Coker Law Personal Injury Lawyers can help.
We know how to build strong cases and achieve favorable outcomes. Contact our Jacksonville personal injury lawyers for a free consultation. We can help you prove liability, protect your best interests, and fight for the justice you deserve.
For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
_________________________________________________________________________________________
ABOUT THE AUTHOR
Attorney Howard Coker is the founder of Coker Law Personal Injury Lawyers. A graduate of the University of Florida College of Law, he has dedicated his career to representing individuals in serious personal injury cases. With more than four decades of courtroom experience and over 350 jury trials, Howard is recognized as one of Florida’s top trial attorneys. His commitment to justice ensures every client receives the strong, personalized representation they deserve. Check our recent case results.
Location: Jacksonville, FL